i think this is a basic civil rights issue. and i don't think there is the kind of issue that will divide the court the way some other issues divide the court. >> what is your take on that with prop 8? will it divide the court as some other issues? >> i think it will be divisive. i can't call exactly what the numbers breakdown will be but it is important to note that in the california situation, what you've got is a state that first gave rights to same sex marriage. to gays. and then yanked it away in this proposition 8. and i think that makes it a different case than whether there is a right to same sex marriage nationally and in all the states. here, it looks very much like something that was given was then taken away and maybe because they just don't like gay people. that is the argument. so in that situation, i think we have a very special case. and there is a chance that the supreme court will indeed say you can't do that. you can't first give the rights and take it away. that is different than some other states where they